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Grabing the money

(Querist) 28 November 2013 This query is : Resolved 
I paid Rs. 3 lakhs in advance by bearer cheque to my neighbour for purchase his house. The agreement was oral not in written. After 3 months he refused to sale his house and assured refund the money within 6 months but in two years he returned only 90 thousands. The description of advance and refunded money is written on a plain paper signed by both. Now he file a civil suit (easementary right) regarding construction of my own house and saying that until I do not remove the construction and stop the the further construction he will not refund due amount.

My questions are -

1- Can I go to High Court directly for order/direction for refund due amount?

2- Is the only way of remedy is money suit in lower court?

3- Can I lodge FIR and starts criminal proceedings for pressurised him for refund the money?

4- Can both the civil and criminal proceedings be allowed on the same issue separately on the same time?

5- Which is better option for me?
R.K Nanda (Expert) 28 November 2013
repeated query.
Rajendra K Goyal (Expert) 28 November 2013
Repeated query.

http://www.lawyersclubindia.com/experts/Refund-of-money-paid-in-advance-for-sale-agreement-437396.asp#.UpcG0OKLq_I
ajay sethi (Expert) 28 November 2013
repeated query no reply


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